PART 3STREETS

Application of the 1991 Act12

1

Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

a

they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

b

they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 6420 (dual carriageways and roundabouts) of the 1980 Act or section 18421 (vehicle crossings over footways and verges) of that Act.

2

In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

3

The following provisions of the 1991 Act do not apply in relation to any works executed under the powers of this Order—

a

section 5622 (power to give directions as to timing);

b

section 56A23 (power to give directions as to placing of apparatus);

c

section 5824 (restrictions on works following substantial road works);

d

section 58A25 (restriction on works following substantial street works); and

e

Schedule 3A26 (restriction on works following substantial street works).

4

The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 13 (temporary closure, alteration, diversion or restriction of streets and public rights of way), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

5

The provisions of the 1991 Act27 referred to in paragraph (4) are—

a

subject to paragraph (6), section 5428 (advance notice of certain works);

b

subject to paragraph (6), section 5529 (notice of starting date of works);

c

section 5730 (notice of emergency works);

d

section 5931 (general duty of street authority to co-ordinate works);

e

section 60 (general duty of undertakers to co-operate);

f

section 68 (facilities to be afforded to street authority);

g

section 69 (works likely to affect other apparatus in the street);

h

section 75 (inspection fees);

i

section 76 (liability for cost of temporary traffic regulation); and

j

section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned in sub-paragraphs (a) to (j).

6

Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.